Compensation Approved for Cerebral Palsy Claim

Posted on: May 14th, 2016 by Editor

London’s High Court have approved a settlement of compensation for a boy who is severely disabled because of birth injuries he sustained.

At the East Surrey Hospital in March 2009, Thomas Hord was born via an emergency Caesarean Section. However, despite a diagnosis of foetal distress syndrome, Thomas’ delivery was delayed by twenty minutes because of medical staff’s failure to act in an appropriate manner. During this delay, Thomas was deprived of oxygen and sustained severe brain damage.

Now, as a result of his brain damage, Thomas suffers from cerebral palsy. Additionally, he can only communicate using his eyes and has epilepsy. However, despite these disabilities, Thomas is attending a mainstream primary school. He also lives at home with his parents, Samantha and Christopher, and three siblings in Crawley, West Sussex.

Samantha and Christopher sought legal counsel on their son’s behalf and proceeded to make a claim for birth injury compensation. The claim was made against the Surrey and Sussex Healthcare NHS Trust, who conceded liability for Thomas’ injuries in 2011. A compensation settlement was then negotiated between the parties, which consists of a £2.5 million lump sum, as well as annual index-linked payments of £100,000. These annual payments will increase in value to £245,000 when Thomas is eighteen years old.

The settlement then went to London’s High Court for approval by Mr Justice Warby. During the hearing, Thomas was read an apology by Michael Wilson the Chief Executive for the Surrey and Sussex Healthcare NHS Trust. In the statement, Wilson expressed regret for Thomas’ mismanaged birth, subsequent injuries and “the difficulties caused for him and his family”. Margaret Bowron, the QC for the NHS Trust, also commented that she admired the dedication and care that Thomas’ parents have shown him.

Judge Warby also expressed his admiration of Thomas’ parents: “I would like to express my admiration for the parents’ work and devotion to the care of their son, particularly in light of the pressures of work and family matters, that have no doubt made it even more difficult. The court wishes the family the very best for the future.” He then proceeded to approve the settlement of compensation.